You can apply for a grant of representation if you’re the ‘executor’ of the will – the person named to deal with the estate.

If more than one executor is named in the will, the probate application form and guidance notes explain what to do.

You should contact your local Probate Registry if either:

• no executor is named in the will
• none of the named executors are willing or able to apply

The Probate Registry will explain what you need to do.

An ‘administrator’ is the person who deals with the estate if there’s no will.

You can usually apply for a grant of representation to be the administrator of the estate if you’re the person’s next of kin, for example their spouse (or civil partner) or child.

You can apply if you’d separated from the person but you were still married or in a civil partnership when they died.

You can’t apply for a grant of representation if you’re the partner of the person but weren’t their husband, wife or civil partner when they died. You’re also not automatically entitled to any of your partner’s estate.

The law decides who inherits the estate if there’s no will.

You can apply for a grant of representation yourself or use a solicitor or another person licensed to provide probate services.

There are 4 steps to follow.

1. Complete a probate application form.
2. Complete an Inheritance Tax form.
3. Send your application.
4. Swear an oath.

Complete a probate application form

You can either:

• fill in the probate application form PA1 yourself
• call the Probate and Inheritance Tax helpline to get help filling in the form

Complete an Inheritance Tax form

You must work out how much the estate is worth. Depending on its value, there may be Inheritance Tax to pay.

You must also fill in the appropriate Inheritance Tax form – even if you think no tax is owed.

You may get a penalty if you send inaccurate information on your Inheritance Tax form.

You can claim the tax back from the estate or the beneficiaries, if you pay it out of your own bank account.

Send your application

Send your application to your local Probate Registry.

You should include:

• the probate application form PA1
• the Inheritance Tax form
• an official copy of the death certificate
• the original will and 3 copies – and any codicils (additions or amendments to it)
• the application fee of £215 – a cheque made payable to HM Courts and Tribunals Service (there’s no fee if the estate is under £5,000)

You can pay for extra copies of the grant (50p each) – this means you can send them to different organisations at the same time.

Swear an oath

The probate office will send you an oath and details of how to arrange an appointment. You’ll need to swear the oath at either:

• the office of a commissioner for oaths (usually a solicitor)
• a local probate office

The oath is a promise that the information you’ve given is true to the best of your knowledge.

You should get the grant through the post within 10 working days of swearing the oath.

You should send a copy of the grant to organisations that hold the dead person’s assets, eg their bank. They should release any assets so you can transfer them into the executorship account.

Pay debts

Pay off any debts the person had once you’ve secured all their assets. This could include:

• outstanding bills
• tax owed

As the executor or administrator you have a legal responsibility to pay off any debts or outstanding payments before distributing the estate.

Place a notice in The Gazette to give creditors the chance to claim anything they’re owed. This will protect you from responsibility for any debts.

You can use money from the estate to pay any solicitor’s fees as part of the probate process.

Distribute the estate

Once all debts and taxes have been paid, you can distribute the estate as detailed:

• in the will
• by the law if there’s no will

After this you can prepare the estate accounts. These must be approved and signed by you and the main beneficiaries.

You can stop the issue of a grant of representation. This is called a caveat – it stops probate from going ahead, for example because of a dispute over who can apply for a grant of representation or whether a will exists. A caveat lasts 6 months.

How to enter a caveat

You must be 18 or over to submit a caveat. You can do it yourself, or use a solicitor or another person licensed to provide probate services.

Write to or visit any Probate Registry to enter a caveat.

You’ll need:

• a signed application for a caveat (form PA8)
• the full name, date of death and last address of the person who’s died
• a home address in England or Wales

It costs £20 to enter a caveat.

The deceased’s bank accounts are part of the estate.

Money in a joint bank account automatically passes to the other owners. You still have to include this money as part of the estate when you work out Inheritance Tax.

What happens to the person’s property depends on how it was owned.

Joint tenancy

If the property was owned under a ‘joint tenancy’ (‘joint owners’ in Scotland), the deceased and the other owner both own the whole of the home. Ownership passes to the surviving owner.

Tenancy in common

If the property was owned under a ‘tenancy in common’ (‘common owners’ in Scotland and ‘coparceners’ in Northern Ireland), 2 or more people owned the home either in equal shares or a defined percentage.

The person’s will (or the law if there’s no will) decides who inherits their share.

Owned outright

The will (or the law if there’s no will) decides who inherits property that is owned outright by the deceased.